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Judge reserves decision in Circular enerG vs. Romulus lawsuit

State Supreme Court Justice Daniel Doyle will rule on motions in the lawsuit filed by Circular enerG against the town of Romulus at a later date.

The Rochester-based company is suing the town for its 2018 adoption of amendments to the town zoning code that would prevent the company’s proposed waste-to-energy incinerator from being built at the former Seneca Army Depot.

Attorney Alan Knauf argued Tuesday:

• The town did not comply with the State Environmental Quality Review process in adopting the amendments, which prohibit any new waste disposal facilities in the town.

• The town’s amendments should be nullified because it violated provisions of the state Open Meetings Law in adopting them.

• The amendments improperly and illegally targeted Circular, equating it to an illegal taking of the privately owned property by denying the owners the ability to receive economic benefits from the industrially zoned property.

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